WEN & JONG

This matter concerned an urgent interim application in family law proceedings between Mr Wen and Ms Jong regarding their two young children, X (born 2016) and Y (born 2019). The dispute involved allegations concerning the mother's mental health and an asserted unacceptable risk to the children, leading to an application for an interim change of residence for the children and for supervised time with the mother. The proceedings were before Judge B Smith.

The court was required to determine whether to make orders for the children to live with the father, for supervised time with the mother, and to appoint an Independent Children's Lawyer. Further issues included the need for urgent representation for the children, the facilitation of their attendance upon legal representatives, and whether to grant leave for the Independent Children's Lawyer to issue multiple subpoenas. The court also had to consider injunctive relief to prevent the removal of the children from the Commonwealth of Australia and to place their names on the Family Law Watchlist. Finally, the court needed to make procedural orders regarding a report from Dr A and the disclosure of the mother's medical history.

In reaching its decision, the court applied principles relating to the paramountcy of the children's welfare and the need to protect them from unacceptable risk, particularly in circumstances involving concerns about a parent's mental health. The court made orders for the children to live with the father forthwith and for supervised time with the mother, as agreed between the parties. An Independent Children's Lawyer was urgently appointed, and the Legal Aid Commission of New South Wales was requested to arrange representation for the children. Injunctions were granted restraining the removal of the children from Australia, and their names were to be placed on the Family Law Watchlist. The mother was ordered to obtain a report from Dr A, providing specific documents for Dr A's consideration, and to disclose her treating medical practitioners over the preceding four years. The court also noted that the changeover of the children would occur that evening and that the particulars of the obligations and consequences of contravening the orders were set out in an annexure.